Detailed Answer
Short answer: a person who is squatting (occupying your property without your permission) does not gain immediate legal ownership. Under Arizona law, you generally must either ask law enforcement to remove them if a criminal trespass is occurring or use the civil forcible detainer (eviction) process to regain possession. Do not use force or “self-help” methods (changing locks, removing belongings, barricading doors) without a court order — doing so can create legal liability.
What “squatting” means in Arizona
Squatting means someone is occupying real property without the owner’s consent. That person might be an actual trespasser, an informal tenant (someone who has some verbal agreement), or someone claiming long-term rights (adverse possession). Which category applies affects your options and the remedy you must use.
Immediate options: police (criminal trespass) vs. civil eviction
- Call law enforcement if the situation is unlawful and immediate. If the occupant is actively trespassing, committing a crime, or refusing to leave when lawfully asked, you can call 911 or local police. Arizona’s criminal trespass laws can apply when someone knowingly enters or remains unlawfully on property. See Arizona criminal statutes (Title 13) for how the state treats trespass and related offenses: A.R.S. Title 13 (Crimes and Criminal Procedure). Police may remove a trespasser when an arrestable offense is occurring.
- If police will not or cannot remove the occupant, use the civil forcible detainer (eviction) process. In Arizona, possession disputes are typically resolved through a forcible detainer or eviction action in the Justice Court for the precinct where the property is located. This produces a court order (writ of restitution) authorizing the sheriff to remove the occupant and their belongings. For civil remedies and procedure, see Arizona’s civil statutes and local court self-help resources: A.R.S. Title 12 (Courts and Civil Procedure) and the Arizona Courts eviction/self-help pages: Arizona Judicial Branch – Self Help.
Why you generally must use the court (no self-help)
Arizona law disfavors self-help evictions. Physically ejecting someone, changing locks, or disposing of their property can expose you to civil liability (claims for damages, re-entry, or conversion) and possible criminal exposure. The safer route is the forcible detainer action that concludes with a writ of restitution signed by the court and executed by the sheriff.
What the civil process looks like
- Determine the occupant’s legal status: trespasser, licensee, or tenant. That affects notice requirements and the court process.
- File a forcible detainer/eviction complaint in Justice Court where the property is located. You will need proof of ownership or entitlement to possession (deed, trustee’s sale paperwork, contract, etc.).
- Serve the occupant with the complaint and summons according to Arizona rules.
- Attend the court hearing. If the court rules in your favor, it will issue a judgment for possession and, if applicable, a writ of restitution authorizing the sheriff to remove the occupant and their personal property.
- The sheriff enforces the writ—only then may you lawfully retake possession.
Expect the civil timeline to take days or weeks, depending on court schedules and whether the occupant contests the action.
When a squatter might claim ownership (adverse possession)
In rare cases, a long-term occupant may try to claim ownership through adverse possession. Adverse possession claims require continuous, open, hostile, and notorious possession for the statutory period and must meet Arizona’s legal standards. These claims are difficult and usually take many years. If an occupant asserts adverse possession, consult a real property attorney promptly.
If the property is under sale or under contract
If you are selling or buying property and someone is squatting prior to closing, the presence of an occupant can delay or scuttle the transaction. Typically:
- Sellers must disclose possession issues to buyers and title companies.
- Title companies may require a clear possession or a court order removing occupants before issuing standard owner’s title insurance or before closing.
- Buyers should insist on resolving unauthorized occupancy before or immediately after closing (often by seller remediation or through escrow instructions).
When criminal charges matter
Prosecutors can pursue criminal trespass or related charges in appropriate circumstances. If the occupant is involved in criminal activity or refuses to leave after a lawful notice to vacate, ask local law enforcement whether criminal charges apply. See Arizona criminal statutes in Title 13: A.R.S. Title 13.
Practical steps to get a squatter removed (summary)
- Document everything: photos, dates, communications, proof of ownership, and any threats or illegal conduct.
- Call police if an immediate crime or trespass is occurring.
- If police cannot remove the occupant, file a forcible detainer/eviction action in Justice Court.
- Do not change locks, remove possessions, or use force—get a court order.
- Consider hiring an attorney experienced in Arizona real property and eviction law, especially if the squatter claims long-term rights or the situation is violent.
Where to find Arizona forms and local help
- Arizona Judicial Branch self-help and eviction resources: https://www.azcourts.gov/selfhelp
- Info about Justice Courts (where forcible detainer actions often start): https://www.azcourts.gov/justicecourts
- Arizona Revised Statutes (civil and criminal titles): A.R.S. Title 12 (Courts & Civil Procedure) and A.R.S. Title 13 (Crimes & Criminal Procedure)
Bottom line: Don’t try to remove a squatter yourself. If the person is committing a crime, call police. Otherwise, use Arizona’s civil forcible detainer/eviction process and obtain a court order that the sheriff can enforce. Because property sales complicate the situation, consider involving your real estate closing agent, title company, and an attorney to protect the transaction.
Disclaimer
This information is educational only and does not constitute legal advice. I am not a lawyer. Laws change and facts matter—consult a licensed Arizona attorney to get advice tailored to your situation.
Helpful Hints
- Do not use self-help eviction methods (locking out, removing belongings). Seek a court order first.
- Keep clear evidence of ownership (deed, contract, tax records) and of the occupant’s presence (dates, photos, witness statements).
- Contact local law enforcement immediately if the occupant is violent, threatening, or committing other crimes.
- If you are selling, notify your title company and escrow officer; they may require removal before closing or place conditions in escrow instructions.
- Act quickly. The longer an occupant stays, the more complicated removal can become—especially if they assert rights like adverse possession.
- Consider hiring a lawyer experienced in Arizona real estate and eviction law to handle filings, hearings, and sheriff coordination.
- Use the Arizona Judicial Branch self-help resources for forms and procedural guidance: https://www.azcourts.gov/selfhelp.